LCWRA

System

This discussion was created from comments split from: LCWRA back pay.

Ollygolf

This is my first post so I hope this is the correct place to submit,
I have been off work since November 2022 first submitted fit notes at that time, there has been no break in submitting these. I was offered to apply for lcwra in January, but in June was told that I had not been successful, I have continued submitting fit notes due to my health and not being able to work, In September 2023 I was informed that another form has been sent for me to do a claim again, I found out today December 19th 2023 that I have been successful for lcwra.

Will this benefit only be eligible from my second attempt or from the time of my first fit notes? I am confused although first claim unsuccessful surely according to the terms of claims, it is from the first notes? I did wonder if they would say it only applies to the time of my second application? Any help advise would be appreciated.
Olly golf

Spoonie_Turtle

Ollygolf said:

This is my first post so I hope this is the correct place to submit,
I have been off work since November 2022 first submitted fit notes at that time, there has been no break in submitting these. I was offered to apply for lcwra in January, but in June was told that I had not been successful, I have continued submitting fit notes due to my health and not being able to work, In September 2023 I was informed that another form has been sent for me to do a claim again, I found out today December 19th 2023 that I have been successful for lcwra.

Will this benefit only be eligible from my second attempt or from the time of my first fit notes? I am confused although first claim unsuccessful surely according to the terms of claims, it is from the first notes? I did wonder if they would say it only applies to the time of my second application? Any help advise would be appreciated.
Olly golf

If you didn't challenge the first decision then this second decision will not backdate to November 2022.  I don't know off the top of my head whether it would backdate at all or not.

What exactly prompted the second form being sent out for you to fill in?  Did you have assessments the first and second time?

(I've also asked for this to be split into its own thread.)

Ollygolf

Many thanks for quick reply.....
If you didn't challenge the first decision then this second decision will not backdate to November 2022.  I don't know off the top of my head whether it would backdate at all or not.

What exactly prompted the second form being sent out for you to fill in?  Did you have assessments the first and second time?

(I've also asked for this to be split into its own thread.)

I was too late to challenge the first decision, I continued to supply fit notes as not able to attend jobcentre etc, it was the job centre who prompted the second form sent out to me, yes had phone calls on 1st and 2nd time, I am confused as the reason for the fit notes/claim is exactly the same, which is why I was under the impression that according to their own conditions I will be entitled to payments from 3 months after the day I gave medical evidence showing that my condition means I cannot work, and in theory that was January 2023, 
I understand that this is my 2nd claim in principle but if I go by their own terms I started submitting fit notes in November 2022, very confusing, I was thinking of appealing if they say its only the latter dates.

poppy12345

Ollygolf said:

I was too late to challenge the first decision, I continued to supply fit notes as not able to attend jobcentre etc, it was the job centre who prompted the second form sent out to me, yes had phone calls on 1st and 2nd time, I am confused as the reason for the fit notes/claim is exactly the same, which is why I was under the impression that according to their own conditions I will be entitled to payments from 3 months after the day I gave medical evidence showing that my condition means I cannot work, and in theory that was January 2023, 
I understand that this is my 2nd claim in principle but if I go by their own terms I started submitting fit notes in November 2022, very confusing, I was thinking of appealing if they say its only the latter dates.

For future reference you actually have 13 months to challenge the decision by first requesting the MR. If you're outside the 1 month timeframe then you need to give a reason why you didn't request it within that time. If they refuse you simply proceed to Tribunal.

As this was your 2nd WCA and the referral was started by UC then the extra money will be from the assessment period in which the decision was made. If you reported changes to your health condition then the answer would have been different.

The reason for it not be from when you first started providing fit notes is because for that decision you weren't found to have LCWRA. Had you chellenged that decision and won at either MR or Tribunal stage then it would have been different.  The 2nd decision overruled the first decision from the assessment period in which the decision was made.

You are still within the timescale to challenge the first decision but please be aware that they will only take into consideration what your conditions were like at the time the original decision was made.

HillStreetBlues

poppy12345 said:

You are still within the timescale to challenge the first decision but please be aware that they will only take into consideration what your conditions were like at the time the original decision was made.

That would be the route I'd be looking at.
Unless I'm missing something there isn't a downside to appealing. If won the LCWRA will be backdated, if lost it's the same situation as in now.

poppy12345

HillStreetBlues said:

poppy12345 said:

You are still within the timescale to challenge the first decision but please be aware that they will only take into consideration what your conditions were like at the time the original decision was made.

That would be the route I'd be looking at.
Unless I'm missing something there isn't a downside to appealing. If won the LCWRA will be backdated, if lost it's the same situation as in now.

There's no downside because they would be appealing the first decision, not the 2nd one. They must make it clear that it's the first decision made on X date they are chellenging though.

Ollygolf

Many thanks for that, I was informed that I was out of the 1 month period, not told I have 13 months in total to challenge, with your information at hand, and considering my condition is exactly the same as my 1st claim, would I be able to look at my 1st claim again and compare the answers? 
It seems strange that only after my success at being awarded PIP (standard) the outcome is different?
will try and post what happens after and if i decide to go to tribunal.. Merry Christmas all

poppy12345

Ollygolf said:

Many thanks for that, I was informed that I was out of the 1 month period, not told I have 13 months in total to challenge, with your information at hand, and considering my condition is exactly the same as my 1st claim, would I be able to look at my 1st claim again and compare the answers? 
It seems strange that only after my success at being awarded PIP (standard) the outcome is different?
will try and post what happens after and if i decide to go to tribunal.. Merry Christmas all

You can request the assessment report for both assessments by putting a message onto your journal. It's perfectly possible that 2 assessment providers had different opinions or you either filled the form out with more information the 2nd time and/or sent more evidence to support your claim.

Ollygolf

I will definitely challenge the 1st decision, and make it clear it is the 1st one on that date, I will post the outcome for future posts, one final question, I am presuming that the benefit will not be stopped until the outcome as it is not the current one in question?
Many thanks again  

Ollygolf

I meant to ask where can I the form/template to challenge please